Court petitioned over new journalism law

Mar 25, 2014

THREE journalists lobby organisations have petitioned the Constitutional Court, challenging the new revised journalism code of ethics

By Andate Okanya

THREE journalists lobby organisations have petitioned the Constitutional Court, challenging the new revised journalism code of ethics.

The petition was filed on Friday, with the lobby groups contending that the Press and Journalists Act, Cap 105, violates the freedoms of speech, expression, the press.

Recently, Information and National guidance minister, Rose Namayanja, issued a statutory instrument entitled the Press and Journalist (fees) Regulations, 2014.

In addition to the existing code of ethics, the new statutory instruments criminalises harassment, obscene publications and reporting on children.

The new law bans publication of stories, pictures or information that fans crime. Journalists are also forbidden from interviewing or photographing  children at school.

But the petitioners contend that the new law is inconsistent with Article 29 of the country’s Constitution, as well as other key provisions that provide for protection of fundamental human rights.

“Section 6(a) of the Press and Journalist Act Cap 105 is inconsistent with and/or in contravention of Article 29 (1) (a) and (b) of the Constitution insofar as it is unduly restrictive and vague in requiring a proprietor and an editor to ensure that what is published is not contrary to public morality,” the petition reads in part.

Journalists or editors are required to respect the constitutional right to privacy of home, correspondence, communication or other property enshrined in the Constitution.

The instrument came into effect on February 10, 2014.Journalists will be required to pay sh200,000 for a practicing certificate and sh100,000 for re-newing the certificate every year.

The lobby groups are Centre for Public Interest Law(CEPIL), Human Rights Network for Journalists(HRNJ), and East Africa Media Institute(EAMI).

Government chief legal advisor the Attorney General(AG) is listed as the respondent.

Through M B Gimara Advocates, Attorneys and Legal Consultants,  the petitioners note that the contentious clause grants an unchecked power to the Information minister and  Media Council.

The lobby groups further lament the new law does not protect anonymous publications, is imprecise on prohibited conduct, yet breach of the section is a criminal offence.

The AG is yet to file a response. A hearing date is yet to be scheduled.

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